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Arbitration – First Impression – Corporate Principals – Piercing the Veil – Defunct Corporation – Breach of Contract Claim (access required)

Cold Springs Ventures, LLC v. Gilead Sciences, Inc. (Lawyers Weekly No. 14-15-0328, 21 pp.) (John Jolly Jr., Ch.J.) 2014 NCBC 10 Holding: In order to determine whether plaintiffs, as principals of a now-defunct corporation, will be required to arbitrate defendant ...

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Arbitration – Civil Practice – Unauthenticated Documents – Loan Agreements – Online Lenders – Originating Banks – Usury Claim (access required)

Dillon v. BMO Harris Bank, N.A. (Lawyers Weekly No. 14-03-0224, 7 pp.) (Catherine Eagles, J.) 1:13-cv-00897; M.D.N.C. Holding: Defendants seek to compel arbitration based on arbitration clauses in the loan agreements referenced in the complaint; however, plaintiff disputes the authenticity ...

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Arbitration – Unconscionability – Class Action Prohibition – Defunct Arbitrators – Substitute (access required)

Torrence v. Nationwide Budget Finance (Lawyers Weekly No. 14-07-0112, 47 pp.) (Sanford L. Steelman Jr., J.) Appealed from New Hanover County Superior Court (D. Jack Hooks Jr., J.) N.C. App. http://appellate.nccourts.org/opinions/?c=2&pdf=29423 Holding: The N.C. Supreme Court’s decision in Tillman v. ...

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Arbitration – Waiver — Civil Practice – Class Action – Unnamed Plaintiffs (access required)

Elliott v. KB Home North Carolina, Inc. : In a case where the named plaintiffs filed their proposed class action on Dec. 5, 2008, and defendant participated in litigation (while plaintiffs were incurring legal fees of $100,000) without demanding arbitration until March 28, 2012, defendant has waived its right to arbitration against both the named and unnamed plaintiffs.

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Arbitration – Contract – Promissory Notes – Novations – Parties (access required)

Bank of America, N.A. v. Rice In this action on three promissory note “novations,” defendant cannot compel arbitration because (1) only one of the novations is effective, and it does not include an arbitration provision and (2) the other two “novations” are between plaintiff and defendant while the original promissory notes to which these “novations” refer were between defendant and Bank of America Investments Services, Inc., which is not a party to this lawsuit.

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Arbitration – Consent Order – Subsequently Added Parties – Binding (access required)

Americus Retail Holdings, LLC v. Ball The parties’ consent order required defendant Ball to arbitrate his counterclaims against “any other limited liability company in which Ball contends he has or should have an ownership interest….” When Ball added third-party LLCs and asserted ownership interests in them (based on the same employment contract at issue in the original claims), Ball’s claims against the third-party LLCs fell within the arbitration agreement in the consent order.

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Arbitration – Construction Subcontract – Unconscionability Claim — Mediator/Arbitrator – Miller Act Surety — Missouri Proceedings (access required)

United States ex rel. TGK Enterprises v. Clayco, Inc. Even though plaintiff claims the dispute resolution provisions in its subcontract were non-negotiable, since plaintiff – a sophisticated subcontractor – is a commercial entity free to contract in its own business interest, a finding of unfair surprise, lack of meaningful choice, and inequality of bargaining power is not warranted.

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